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SAMEER JAIN
Rajasthan Rajya Path Parivahan Nigam – Appellant
Versus
M/s. Bhagwati Enterprises – Respondent
JUDGMENT :
1. By way of the instant petition, a challenge is made to the order impugned dated 10.12.2014, passed by the Additional District Judge No.5, Jaipur Mahanagar in Civil Misc. Case No. 54/2011 titled as Rajasthan Rajya Path Parivahan Nigam vs. M/s Bhagwati Enterprises & Anr., whereby the application preferred by the petitioner on 20.09.2014, came to be dismissed and/or rejected.
2. The ineluctable and concise factual matrix, necessary for the efficacious disposal of the instant petition, is noted herein-under:-
2.1 That Notice Inviting Tender i.e. NIT, for appointment of Sole Licensee for transportation of Domestic Articles/Small Commercial Goods from one place to another, through a fleet of 4000 buses was published in the daily newspapers namely, ‘Rajasthan Patrika’ and ‘Dainik Bhaskar’.
2.2 That the terms and conditions qua the said NIT were incorporated in the Tender Form for the perusal and/or consideration of the prospective applicants. One of the terms enumerated therein, provided that the successful tenderer shall have to enter into an agreement with the petitioner, on the terms already provided for in the Tender Form.
2.3 That in response to the advertisement/NIT, four a
The appointment of a sole arbitrator deviated from the statutory requirements and terms of the arbitration agreement, making proceedings invalid under the Arbitration and Conciliation Act, 1996.
An arbitration agreement can be inferred from the parties' conduct and correspondence, and failure to raise jurisdictional objections in a timely manner results in waiver of those rights.
The arbitration agreement's validity is independent of stamp duty on the substantive contract, and courts have limited grounds for interfering with arbitral awards under Section 34 of the Arbitration....
Jurisdictional objections to arbitration awards must be raised during proceedings, not at execution; failure to do so leads to unenforceable awards.
The arbitration agreement's validity is independent of stamp duty issues, and courts have limited grounds for interfering with arbitral awards.
The court emphasized the limited scope of interference under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, and highlighted the principle that the court does not sit in appeal over....
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